The Supreme Court is threatened with becoming ever more politicized, thanks to the machinations of Sen. Mitch McConnell and his fellow Republican senators in declining to give Obama’s pick, Merrick Garland, even a hearing.
This outrageous maneuver has prompted many Democrats to propose doing everything they can to block President Trump’s pick for the court, as a tit-for-tat response. There are several reasons why this would be bad for Democrats and bad for the country.
First, it would show us that Democrats are behaving just as badly as Republicans, ignoring the sage advice from Michelle Obama: “When they go low, we go high.” Those who oppose government as “the enemy” would be only too happy to see both parties proving their point. If the people we elect can’t govern, why have a government?
Second, Democrats need to save their ammunition for a more worthy target. By all accounts, Judge Gorsuch is well-qualified. His political leanings may be questioned but, it seems, not his integrity and experience.
If, by some means, his appointment were blocked, would Trump’s next candidate be any better? I wouldn’t bet on it, and the Democrats would have spent their firepower and lost their opportunity to contrast Gorsuch with a potentially much worse pick, next time there is an opening.
Third, by behaving like rational, thoughtful politicians in this matter, the Democrats would offer a clear alternative to the crazies on the far right and allow a confused and divided nation to remind itself that there’s more than a dime’s worth of difference between the two major parties.
If Republicans gloat that their brand of slash-and-burn politics has won the day, their “day” may prove to be of short duration with the American people.
Fourth, Democrats are going to need to peel off the votes of moderate Republicans if they are to prevail in the most divisive and potentially destructive actions of the new administration. Democrats, by behaving rationally and responsibly on Gorsuch, would be building political capital for future battles and making it much easier for moderates to abandon Trump.
Lastly, America has a long tradition of permitting an elected president to choose qualified candidates for the Supreme Court who reflect the president’s values, and for the Senate to confirm them after close scrutiny. Democrats should have no role in trying to subvert that tradition – especially if they hope to be back in the White House anytime soon.
(Robert L. Fried is executive director of the Kimball-Jenkins Estate and School of Art in Concord.)